Divorced, or married to two people or what?

[GVMack 9]

Hello Members,

I hope everyone is doing well and I wish you all best of luck during your Immigration process.

Just when I think we've gotten all our documents together and ready to mail out soon, we've encountered another set back.

I'm really getting frusterated and angry. My husband and I have been married for 8 months now and we're eager to start this process.

I was just in the States spending time with my husband and his family for Thanksgiving.

While I was out there I asked my hubby to take out his documents so we can make copies of them. We searched his file cabinent and he could not find it.

I then told him it was ok, that we could go back to the place where we got his Birth Certificate.

He then text his exwife and asked her if she had a copy of it. (they're civil, and has been divorced for 15 years)

This is what he got out of her.

She said she does not have a copy, and that she has to get it from the court.

He said that she filed for divorce in 96', got papers for him to sign, he said he signed it and she was going to file it, since she worked at the court house.

At that piont I started to really get angry. (thinking she probablly didn't even file)

Many things running through my mind. He was worried too, but did not let me see that. I kept pressing him to find out more...

Then she said to him you know what this means right? He said NO. Then she says you guys will have to get married again.

#######, what the hell is going on??? Seems shaddy right?

I don't understand, she has her life, they don't even speak unless its about their son who is practically and adult.

My husband asked her to call him so he could further understand what she is talking about. She said she was going to look into it for us. Really?

I'm so mad. My husband doesn't think the County would issue us a Marriage Certificate if he wasn't divorced, but now I am really worried.

Could he be still married to her and not know it?

He plans on going to the Vital Statistics place tomorrow and try to see if he can get a copy of the Divorce Certificate.

Either he gets one or not will tell us what we're facing. Or does he have to call the Supreme Court?

My heart hurts....

Please if anyone knows what else we can do to find out, we'd really appreciate it.

[EAbbas 213]

If she filed it then it would be in the clerk of courts system. Im not sure about where he lives and teh state laws there but here in NC you have to have a day in court to be able to file the divorce papers. We didnt have to show up but our attorney had to and was there when the judge signed the divorce papers and they filed them right away. I was able to get a copy of the dissolution of marriage within a week as she sent me a copy. I also went to the courthouse to obtain a sealed copy for the immigration process for $20.

If it was never filed then you may very well have an issue but more than likely she did file he just didn't get a copy of it. Hope it works out.

Has he filed anything yet for the immigration process? You have no timeline filled out so its hard to tell where you are in the process. Whether your at the first stage with USCIS or the NVC stage.

You wouldnt need to get married again as long as the divorce was on before you married. Did you marry here in the US or in your country?

Edited December 7, 2011 by EAbbas

[JLoiS 0]

Hello Members,

I hope everyone is doing well and I wish you all best of luck during your Immigration process.

Just when I think we've gotten all our documents together and ready to mail out soon, we've encountered another set back.

I'm really getting frusterated and angry. My husband and I have been married for 8 months now and we're eager to start this process.

I was just in the States spending time with my husband and his family for Thanksgiving.

While I was out there I asked my hubby to take out his documents so we can make copies of them. We searched his file cabinent and he could not find it.

I then told him it was ok, that we could go back to the place where we got his Birth Certificate.

He then text his exwife and asked her if she had a copy of it. (they're civil, and has been divorced for 15 years)

This is what he got out of her.

She said she does not have a copy, and that she has to get it from the court.

He said that she filed for divorce in 96', got papers for him to sign, he said he signed it and she was going to file it, since she worked at the court house.

At that piont I started to really get angry. (thinking she probablly didn't even file)

Many things running through my mind. He was worried too, but did not let me see that. I kept pressing him to find out more...

Then she said to him you know what this means right? He said NO. Then she says you guys will have to get married again.

#######, what the hell is going on??? Seems shaddy right?

I don't understand, she has her life, they don't even speak unless its about their son who is practically and adult.

My husband asked her to call him so he could further understand what she is talking about. She said she was going to look into it for us. Really?

I'm so mad. My husband doesn't think the County would issue us a Marriage Certificate if he wasn't divorced, but now I am really worried.

Could he be still married to her and not know it?

He plans on going to the Vital Statistics place tomorrow and try to see if he can get a copy of the Divorce Certificate.

Either he gets one or not will tell us what we're facing. Or does he have to call the Supreme Court?

My heart hurts....

Please if anyone knows what else we can do to find out, we'd really appreciate it.

At least you express your feelings.. It's better than keeping it inside. At this moment.. you can't do anything but to wait until when you get a divorce certificate. after that you will know what to do next..

Ofcourse in your part.. that's very sad to know. A lot of things is lingering in your mind, but..face it one at a time.

[GVMack 9]

Thank you for your replies. We got married in Long beach CA. We haven't sent anything in yet, thats y no timeline.

Before we got married I had to show my divorce certificate...but not sure y he didn't have too.

Either because I was from another Country or because my divorce was less that 2 years.

Edited December 7, 2011 by GVMack

[canadian_wife 1,831]

I am sorry for this. But you NEED that divorce certificate before you can file. Also, if he was never divorced, then you two are not legally married

The supreme court has nothing to do with this. He needs to get in gear and figure this out, both your futures depend on it

Good luck

[intx13 5]

In the event that your husband isn't actually divorced, it's my understanding that your current marriage certificate would be invalid. I think you would need to finish the divorce and do a courthouse wedding to get a new marriage certificate. However, the US government in general (for purposes of benefits, insurance, etc.) looks at situations like this on a case-by-case basis. Just because the marriage turns out to be invalid doesn't mean the benefits of marriage and any agreements entered into as a married couple are invalidated. Obviously immigration requires everything to be official but other than having to go to the courthouse and provide a detailed description with your visa application, I don't think it would be a problem for immigration.

(I wonder if, had you been "married" more than two years when this came out, would you still be able to apply for an IR1 as opposed to a CR1?)

In any case, hopefully the ex-wife is indeed an ex-wife and there's no complication

[hikergirl 277]

Found this for you: http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/CertifiedCopiesofMarriageandDivorceRecords.aspx

I hope for your sake his ex was just screwing with his head and you don't have more ####### to go through before your visajourney can begin.

Sending good vibes your way!!

[GVMack 9]

thanks again for your replies. I pray to God that they are divorced. If not how could she stay married to someone for so long, 15 years, have many relationships and have another child with someone else. That is everything deceitful!

I've tried to look up info online, but I'm not sure what to look for.

[GVMack 9]

She has to know what she did. Otherwise y would she say we may have to remarry?

This is what angers me!

Sorry had to vent.

Edited December 7, 2011 by GVMack

[sheeshkabelle 153]

Some states do not require divorce decrees or certificates in order to file for a marriage license. Some do. He has to go to the COUNTY his divorce was filed and finalized in, and ask them for the court order final divorce decree and certificate (if applicable, some states do not issue divorce certificates) Some counties you can order it on line, but he has to tell you what city, state and county his divorce was finalized in.

I'm sure the snide comment made by the ex, was just that, and she thought she was being 'funny'.

You can not file with out the decree/certificate! So tell hubster to hop to it!

Our horror story was while we were trying to get our marriage license.

We were married in Canada and we went to a registry office in Calgary to get our marriage license. I have been married twice before and the lady there said she couldn't issue a marriage license because the decree from my FIRST marriage didn't say "Final Divorce Order" but my second decree did. (Divorced in two different states)And sat there and actually READ my decree and the child custody agreement that states 'this decree can be modified at any time..' only the child custody agreement and child support could be modified, NOT the divorce. When we got back in the car I was a wreck. I was hyperventilating and bawling my eyes out, and trying to call my lawyer (my sister) like she could do anything from the US.

My husband decided to go another Registry office and that lady said "No problem, they are both final orders, just worded different. Besides, we only need the most recent divorce decree, you were obviously divorced the first time" and gave us our license.

Later, talking to the commissioner performing our wedding we mentioned this fiasco and she asked "the tall blonde with glasses at Shawnessy?" when we said yes, she laughed and told us that girl is a moron and tells people wrong things all the time.